Judgment Questions, Job in Jeopardy! Please Help!

Tips and Deals Forums Consumer Credit Improve credit Judgment Questions, Job in Jeopardy! Please Help!

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    • #239830
      dealpal
      Keymaster

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      [FONT=comic sans ms,sans-serif]Hello everyone,[/FONT]
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      [FONT=comic sans ms,sans-serif]I was wondering if some of you can give me some guidance/advice on what steps to take. This is very serious case for me because I need to have a civil judgment case removed from my CR, my job depends on it![/FONT]
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      [FONT=comic sans ms,sans-serif]Now, do you suggest I sent the CA a DV letter for this judgment, or will this be useless? The CA was present at the court date when I was sued by the OC. So the court knows I owe this debt but I would like to know the following:[/FONT]

      • [FONT=comic sans ms,sans-serif]What the money the CA say I owe is for;[/FONT]
      • [FONT=comic sans ms,sans-serif]Explain and show me how the CA calculated what you say I owe;[/FONT]
      • [FONT=comic sans ms,sans-serif]Provide copies of any papers that bears signature I agreed to pay what you say I owe;[/FONT]
      • [FONT=comic sans ms,sans-serif]Provide a verification or copy of any judgment if applicable;[/FONT]
      • [FONT=comic sans ms,sans-serif]Identify the original creditor;[/FONT]
      • [FONT=comic sans ms,sans-serif]Agreement with your client that authorizes the CA to collect on this alleged debt;[/FONT]
      • [FONT=comic sans ms,sans-serif]Prove the Statute of Limitations has not expired on this account;[/FONT]
      • [FONT=comic sans ms,sans-serif]Show me that the CA is licensed to collect in my state; and[/FONT]
      • [FONT=comic sans ms,sans-serif]Provide me with the CA license numbers and Registered Agent.[/FONT]

      [FONT=comic sans ms,sans-serif]^ will this letter be helpful at all towards my case?[/FONT]
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      [FONT=comic sans ms,sans-serif]The starting amount that I owe to the OC (in the past 3 years) has doubled with the interest. I can’t afford to pay the amount in full. I have spoken with the CA and was told that about $2K will be lowered if I pay a lump sum amount (which I cannot still afford) I still haven’t contacted the OC about this issue BUT I am willing to settle a bit of a lower amount with the OC and see if he agrees once I explain my financial situation.[/FONT]
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      [FONT=comic sans ms,sans-serif]IF OC agrees, how I can get this judgment removed from my CR. Would I have to file it thru court and do a “motion to vacate”? I was told that you can’t have it vacated until the debt is satisfied. Is this true? I was also told that I could file a “motion to vacate” if I wasn’t properly served. From my understand, I did not receive the 30 day notice of collection to fix this issue. I only received the summon court letter that I was being sued. At the time I had no money to pay the debt and no knowledge of what to do to defend my case and not let the plaintiff win the case. The plaintiff obvs hired a lawyer (the current CA). The reason why I want the CA to provide with those documents I’m asking on the DV letter is to see if they have copies of me being “properly served” (if not I could use it against them, correct?). I read that under FDCPA Section 811 (a) (2) that a “CA must sue you in a county in which you lived when you signed the original contract for the debt or where you live at the time when they file the lawsuit” — does this only count towards a CA or the OC as well? the court that I sued in isn’t in the county where I lived at the time when I “signed” the contract neither the county I lived at the time of the lawsuit. I had to drive almost an hour to get the court. To be honest, would it be a waste of time to try to appeal this case after three years and have it dismissed with prejudice without paying the debt due to the “violations” that the CA might have done under FDCPA? or are these violations not even valid enough to fight them in court?[/FONT]
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      [FONT=comic sans ms,sans-serif]Do you believe I have good reasons to hire a lawyer? (even though I can’t really afford it atm). Or can I fix this on my own?[/FONT]
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      [FONT=comic sans ms,sans-serif]This is such a big mess!!! ahhh[/FONT]
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